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If I've been subpoenaed by the prosecution can I still advocate for the defense? The charges are intimidation and disorderly c.

Anthem, AZ |

My hubby and I got in a verbal fight. No physical contact occurred. My daughter saw this and called 911 but hung up. They traced the call and sent a car out. He had left to diffuse the situation. By the time he came back I had given my statement and so had my daughter. I over exaggerated things in my statement because I was angry and had a couple of drinks between the time of him leaving and the police showing up. He was arrested and has gone through the court system. There wasn't a plea bargain offered so it's going to trial. I verbally agreed to testify for him but was subpoenaed by the prosecution the other day as was my daughter. Can I still advocate for him if I'm testifying for the prosecution? What about my daughter? I feel absolutely horrible about all of this and I want him free.

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Attorney answers 4

Posted

You need to talk to the prosecutor and the victim's advocate assigned to your case. Tell them the truth and they can decide whether they want you to be a witness. If they do, then you must appear and you must tell the truth.

Asker

Posted

I understand having to tell the truth under oath but if it contradicts parts of my statement can't I be in some serious trouble?

Stacy E Scheff

Stacy E Scheff

Posted

It means that the defense attorney can impeach you by showing that your statement has changed. That's why you need to tell the prosecutor that you intend to say something different on the stand, so they can decide whether they want to call you as a witness, knowing you will be impeached.

Posted

How were you subpoenaed? In person, mail, certified mail?

Attorney David Kephart is an experienced Criminal Defense Trial Attorney and Jury Consultant. He is the recipient of the Arizona Attorneys for Criminal Justice President's Award and the recipient of the International Academy of Trial Lawyers Commendation for Excellence in Trial Advocacy. His response to your question is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship, and does not create a right to continuing email exchanges.

Asker

Posted

In person

Posted

October is National Domestic Violence Awareness Month. If you see folks wearing a purple ribbon it is to symbolize courage, survival, honor and dedication to ending domestic violence.

Go to this website: http://www.familyplace.org/resource/signs-of-abuse

It is not up to you whether or not the charges are dropped, it is up to the State. If you were not truthful with the police, consult your own lawyer about the consequences of filing a false report. You may want to invoke your 5th amendment right against self-incrimination rather than testify you lied.

Answers for educational purposes only. | FACDL.org | NACDL.org | http://defendme.net

Asker

Posted

I didn't lie. I over exaggerated. The facts are in my statement just like I put in my question but were not nearly as bad as I made things seem when I gave my statement. He said he was leaving me. Obviously I was very emotional at the time.

Asker

Posted

I didn't lie. I over exaggerated. The facts are in my statement just like I put in my question but were not nearly as bad as I made things seem when I gave my statement. He said he was leaving me. Obviously I was very emotional at the time.

Asker

Posted

I didn't lie. I over exaggerated. The facts are in my statement just like I put in my question but were not nearly as bad as I made things seem when I gave my statement. He said he was leaving me. Obviously I was very emotional at the time.

Asker

Posted

I didn't lie. I over exaggerated. The facts are in my statement just like I put in my question but were not nearly as bad as I made things seem when I gave my statement. He said he was leaving me. Obviously I was very emotional at the time.

Asker

Posted

I didn't lie. I over exaggerated. The facts are in my statement just like I put in my question but were not nearly as bad as I made things seem when I gave my statement. He said he was leaving me. Obviously I was very emotional at the time.

James Regan

James Regan

Posted

Ok, notwithstanding your false assumption that exaggeration is not a material misrepresentation, or false, you should consult an attorney or ask for a public defender.

James Regan

James Regan

Posted

Also, please take note, I used 'if'.

Posted

If you exaggerated in your initial statement to the police because you were angry, then you have a duty to tell the prosecutor about this. The problem this creates is that you committed the crime of false reporting to law enforcement, a class 1 misdemeanor. The only way to undo the effects of this will be to tell the prosector the truth now.

If you are still subpoenaed by the state, then simply tell the truth on the stand. Admit that you exaggerated your story when you were angry. Accept the possible consequences that you might be charged with false reporting.

You are also permitted to contact his lawyer and tell the truth, if you want to. The Victims' Rights laws in Arizona make it illegal for him or his lawyer to contact you. But you are allowed to contact the defense attorney if you would like to tell the truth and admit that you exaggerated your account.

You have learned the hard way that exaggerated statements, given in a heated moment of anger, can cause serious repercussions. Unfortunately, this is something that occurs all to often. The police and prosecutors did their job properly and acted upon the story you gave them. If you were exaggerating (lying), it is up to you to set the record straight. You can only do it by accepting the consequences of your exaggerating.

Also, in general, when a person lies to the police and it causes a person to be arrested and criminally charged based on exaggerated lies, then that person is a victim of Defamation. He has been sent to jail based on lies. He has the right to sue for the tort of Defamation if he can prove that the lies were the cause of damages that he suffered.

Bottom line: domestic violence is extremely serious and a plague to our society. If you made a mistake and used poor judgment and exaggerated what happened, come clean, tell the truth now, admit that you exaggerated. Everyone is better off when the truth is aloud to shine.

God bless you and your family.

NONE OF THE INFORMATION PROVIDED HERE IS MEANT AS, NOR INTENDED AS LEGAL ADVICE. THE LAW IS CONSTANTLY CHANGING AND INFORMATION DISCUSSED IN THIS BLOG CAN BECOME OUT-DATED WITH THE PASSAGE OF TIME. IF YOU HAVE A LEGAL ISSUE AND NEED LEGAL ADVICE, CALL 623-936-1901 FOR A CONFIDENTIAL LEGAL CONSULTATION WITH AN ATTORNEY.

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